FCC and Others Call for Standard General Lawsuit's Dismissal

calling for the case to be dismissed (see 2409240017). Standard's lawsuit accuses those parties of being part of a racially motivated conspiracy to sink its acquisition of Tegna. “An agency’s conduct and oversight of an administrative proceeding is not a ‘conspiracy’ with parties who make submissions in that proceeding in accordance with agency procedures,” the FCC and Chairwoman Jessica Rosenworcel said in a filing. “A ruling allowing this lawsuit to proceed would deter protected speech, discouraging vocal citizens, interest groups, and lobbyists everywhere,” said a filing from attorney David Goodfriend, who represented several unions opposing the failed Standard/Tegna deal. The defendants “have a constitutional right to donate to politicians and lobby the government, and no amount of rhetoric can support imposing a money judgment against them for engaging in protected speech,” said Allen Media. Dish and the FCC also argued that Standard’s case was improper because a hearing designation order isn’t a final agency action. Standard’s arguments that it needs the court to act to protect the FCC and others from conspiring against its future transactions should also be discarded because the agency is about to come under new leadership, the FCC said. The agency also dismissed Standard’s accusations of racial prejudice. “The allegations in the Amended Complaint are entirely consistent with the conclusion that the administrative process involved, not racial discrimination, but consideration of public interest factors submitted by interested parties,” the FCC said. “There is no ‘conspiracy’ exception to the First Amendment,” said Allen Media.